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IN THE MATTER OF RICHARD v. POOLE

56 A.D.3d 1295 (2008)

867 N.Y.S.2d 364

In the Matter of JOHN RICHARD, Petitioner, v. THOMAS POOLE, Superintendent, Five Points Correctional Facility, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 21, 2008.

Memorandum:

Petitioner commenced this proceeding pursuant to CPLR article 78 seeking to annul the determination, following a tier II hearing, that he violated inmate rules 106.10 (7 NYCRR 270.2 [B] [7] [i] [failing to obey an order promptly and without argument]) and 113.23 (7 NYCRR 270.2 [B] [14] [xiii] [possessing unauthorized items]). Respondent correctly concedes that the determination with respect to inmate rule 113.23 is not supported by substantial evidence...

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